| Ia.
St. Juv. P. § 232B.4
Iowa
Code
Title
VI. Human Services
Subtitle
5. Juveniles
Chapter
232B. Indian Child Welfare Act
232B.4. Application
of chapter--determination of Indian status
1. This chapter applies to child custody proceedings involving an Indian
child whether the child is in the physical or legal custody of an Indian
parent, Indian custodian, or an Indian extended family member or another
person at the commencement of the proceedings or whether the child has
resided or domiciled on or off an Indian reservation.
2.
The court shall require a party seeking the foster care placement of,
termination of parental rights over, or the adoption of, an Indian child
to seek to determine whether the child is an Indian child through contact
with any Indian tribe in which the child may be a member or eligible for
membership, the child's parent, any person who has custody of the child
or with whom the child resides,
and any other person that reasonably can be expected to have information
regarding the child's possible membership or eligibility for membership
in an Indian tribe, including but not limited to the United States department
of the interior.
3.
A written determination by an Indian tribe that a child is a member of
or eligible for membership in that tribe, or testimony attesting to such
status by a person authorized by the tribe to provide that determination,
shall be conclusive. A written determination by an Indian tribe, or testimony
by a person authorized by the tribe to provide that determination or testimony,
that a child is not a member of or eligible for membership in that tribe
shall be conclusive as to that tribe. If an Indian tribe does not provide
evidence of the child's status as an Indian child, the court shall determine
the child's status.
4.
The determination of the Indian status of a child shall be made as soon
as practicable in order to serve the best interest of the child and to
ensure compliance with the notice requirements of this chapter.
CREDIT(S)
Added by Acts 2003 (80
G.A.) ch. 153, § 5.
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